Does Santa Clause Need a Background Screening?

Does Santa Clause need a background screening? We recognize that Santa Clause might enter an Assisted Living Facility without following the ALF’s visitation policy, and some Administrators have argued convincingly that they must initiate a Level 2 screening on Santa’s behalf through the Agency’s Background Screening Clearinghouse.  Granted, once Santa’s fingerprints, photograph, and screening are in the Clearinghouse, other ALF’s could simply pull up that record, see the results, and not make Santa go through the process again if the screening is no older than 5 years. Although, it is true that, after Christmas, Santa wouldn’t meet the 90-day break-in-service provision that allows screenings to be reused, unless it could be argued that toymaking constitutes a position that requires Level 2 screening (s. 408.809 (2) (b), F.S.). 

But the real issue here is whether Santa Clause needs a Level 2 screening in the first place. Let’s see if Santa meets the criteria by asking some questions:

• Is Santa an employee of the ALF who provides personal care or services directly to residents – or will have access to resident funds, personal property, or living areas?
• Is Santa contracted with the ALF to provide personal care and services directly to residents?
• Is Santa contracted with the ALF to work more than 20 hours a week with access to resident funds, personal property, or living areas?

As most of us remember, Santa is self-employed and not an employee of the ALF and he’s not contracted with the ALF.  So, Santa is not qualified to receive a Level 2 background screening in Florida.

Extra vigilant ALF Administrators or HR Directors may want to err on the side of caution and run Santa Clause through a Level 2 screening anyway – even though he doesn’t technically meet the criteria.  It’s important to note, though, that it’s unlawful for an ALF to run a person through a Level 2 screening if the ALF doesn’t have the legal authority granted by s. 408.809 (1), F.S. to do so.

Level 1 Screening

As an alternative to a Level 2 screening, an Administrator could conduct their own Florida-level screening on Santa through the FDLE Division of Criminal Justice Information Services. These are name-based screenings using social security numbers and are not Level 2 screenings; that is, they do not connect to the Clearinghouse nor the FBI. Rather, they show Florida arrest data. These Instant Florida Searches are $24 and are not certified.  Mind you, it’s uncertain whether Santa has a social security number, but this name-based screening may give some peace of mind that Santa hasn’t been arrested while he and the reindeer have been cruising over Florida.

More Background Screening Fun

For more fun and games, Let’s Play Background Screening with your staff.

Laurel Senior Living Education’s new, free 10-item game quizzes players on their knowledge of Florida’s background screening requirements for assisted living facilities and nursing homes. Sign into LSLE’s eLearning portal through your free, secure account, access the 10-question game on your training room monitor, and quiz your staff. 

Let’s Play Background Screening is a great conversation starter around the serious topic of criminal history screenings.

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